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SINGER v. CREOLE PETROLEUM CORP.

301 A.2d 327 (1973)

Benjamin H. SINGER, Plaintiff, v. CREOLE PETROLEUM CORP. et al., Defendants.

Court of Chancery of Delaware, New Castle.

January 25, 1973.

Attorney(s) appearing for the Case

William Prickett, and Wayne N. Elliott, of Prickett, Ward, Burt & Sanders, Wilmington, and Benedict Wolf, Donald N. Ruby, and David M. Disick, of Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel, for plaintiff.

William S. Potter, and Blaine T. Phillips, of Potter, Anderson & Corroon, Wilmington, and James F. Dwyer, and Robert M. Callagy, of Satterlee, Warfield & Stephens, New York City, of counsel, for defendant Creole Petroleum Corp.

Robert H. Richards, Jr., and Charles F. Richards, Jr., of Richards, Layton & Finger, Wilmington, and Arthur H. Dean, and Roy H. Steyer, of Sullivan & Cromwell, New York City, of counsel, for defendants Standard Oil Co. (New Jersey), and Esso International, Inc.

SHORT, Vice Chancellor:

The issue now before the court concerns the form of order to be entered regarding those allegations in the complaint which were held to be "sham" under Rule 11, Del.C.Ann., in the court's opinion of September 27, 1972, 297 A.2d 440. The questions presented are (1) whether the granting of a motion to strike under Rule 11 constitutes a "dismissal" of the action and,...

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